MARY C NIDHIRI Vs. K K VARGHESE

JUDGEMENT

(1.) Clause.6(c) -- Fair rent has been fixed for a building under the provisions of the Rent Control Order, the tenant is entitled to the benefit of the reduction -- Travancore or Cochin Rent Control measures -- Applicability to the case came into force

(2.) Clause 6(c) of the Travancore - Cochin Buildings Lease and Rent Control Order is conclusive on the point that once fair rent has been fixed for a building under the provisions thereof the tenant is entitled to the benefit of the reduction, if any, with effect from the date Travancore or Cochin Rent Control measures, whichever applies to the case came into force. Here the case comes from Travancore area where the 1st Rent Control Measure was apparently the Travancore Building Rent Control Order, 1122. The tenancy in this case commenced from 1-1-1124 (15-8-1948) and the tenant is therefore entitled to the benefit of the reduction from the said date. The Madras cases cited at the Bar ( AIR 1951 Mad. 222 and 1951 Madras 493) are not relevant the point as they deal with cases of enhancement. Where a landlord has let out a property on a fixed rent by no stretch of imagination can he be expected to get the benefit of an enhancement from a date anterior to a demand made in that behalf. In the circumstances the point Mr. Muricken raised before us that the reduction can take effect only from the date of the application (31-10-1950) cannot be sustained. As no other point is raised before us the appeal fails and we dismiss it with costs.